How to find out who is behind an anonymous account

Courts can order platforms to hand over account details, but only when you meet a real legal test.

Many defamatory posts come from accounts with no real name. The law offers ways to identify the person, though none of them is automatic.

Platforms will not tell you on request

Social networks, review sites and web hosts do not release user details because someone asks. They wait for a subpoena or a court order.

The two usual routes

The first is to file a lawsuit against an unnamed "John Doe" defendant and then ask the court to let you subpoena the platform. The second, in Texas state court, is a Rule 202 petition, which asks for permission to take evidence before a suit is filed.

The limits

Anonymous speech has First Amendment protection, so judges want to see evidence of a real claim before they strip it away. The Texas Supreme Court has also held that a court needs jurisdiction over the unknown person before it orders pre-suit discovery, which can be hard to show when you do not know where they live.

What the platform hands over

Usually an email address, signup details and IP addresses. A second subpoena to the internet provider is often needed to turn an IP address into a name.

Move quickly

Platforms and providers keep logs for a limited time. A preservation letter sent early asks them to hold the records while the court process runs.